Withdrawn I140. moved back to home country. options to come back

[sushant05]

Hello,

I lived in US for about 7 years(2004 to 2011 - 7th year was on GC processing). I moved back to home country for family reasons. I got my I140 approved after I moved back to India. My employer has withdrawn my I140 in 2015(approved in 2011). Now if I plan to come back could anyone suggest on available options.

. Am I eligible for  H1B under cap exemption?

. Should I start from PERM with new employer staying in home country and port the old priority date

. Any other options.

Thanks in advance.

 

[User099]

1. yes

2. Yes

3. None that I can think of.

[sushant05]

Thanks for the replies.

1. Related to H1b

  a. Am I eligible for fresh 6 years under cap exemption ?

  b. Can I travel on tourist or Business visa and apply for H1b ?

  c. Will there be any complication in applying for H1b?

 

2. Related to GC, though I am allowed to stay in home country and my future employer can apply for my GC, how to proceed after getting I 140 approved

   a. should I attend a GC interview in India? I mean, will it be a workable solution in a practical scenario?

  b. or should I travel on some visa and apply for change of status

  

Thanks in advance

 

 

 

[User099]

1 a. You can get extensions using I140

b. Yes, you can.

c. I don't know, depends on your case.

2. You can complete 485 process and interview and then come to US. 

Talking to an attorney will be a best.